A felony will remain on your records forever unless you take action. ]}, Often during hearings, reasons to deny expungement are presented. A California probation violation qualifies as any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section., California Penal Code 1203.4 PC California expungement law. } "contactType": "Customer Service", }, "@type": "ImageObject", Please note: Our firm only handles criminal and DUI cases, and only in California. Q. He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. This can be extremely significant for avoiding a felony record, restoring or maintaining gun rights. "@id": "#duifremont", position: relative; You were convicted in California state court, not federal court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Whether you have to appear at your expungement hearing depends on the case. But non-wobbler felonies can only be reduced to a misdemeanor by filling out a form pursuant to PC 17(b)(3). 2019 Pride Legal LLC. }, "name": "Dublin", "94587", { It does not erase your record. ((e) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief. Copyright 2023 Law Office of Louis J. Goodman | All Rights Reserved. "https://www.google.com/search?q=Criminal+defense+lawyer&kponly&kgmid=%2Fm%2F03cvw06", "name": "San Leandro", border: 1px solid #fcb900; -o-transition: all 0.2s; It was later updated in 2012 to reflect only extreme or violent felony convictions. "@id": "#duialameda", "https://www.google.com/maps?cid=8108626517931080920", "streetAddress": "1290 B St Suite 307", In California, a first-time driving under the influence (DUI) is a misdemeanor offense. "opens": "Mo,Tu,We,Th,Fr 10:00" ] ", }]}], Date of conviction. .text-center .social-network a.icoTwitter:hover { "@context": "https://schema.org", "url":"https://www.louisgoodman.com/dui-attorney/#dui", In California, felony sentences are divided into one of three terms, depending on the crimes severity: Low term Middle term High term "@type": "openingHoursSpecification", "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", Louis J. Goodman is a former Deputy District Attorney and experienced Alameda County Criminal Defense Lawyer, and can help you understand and exercise your Constitutional Rights. })(window,document,'script','dataLayer','GTM-N2ZM6XQ'); "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", Sealing and destroying arrest recordsper SB 383is a totally different process from expunging records of criminal convictions under PC 1203.4. "@type": "GeoShape", Some licensing agencies do not recognize expungements when they decide to grant or deny a license. ", "https://www.google.com/search?q=Domestic+violence&kponly&kgmid=%2Fm%2F02gr_", "https://usattorneys.com/law-firm/louis-j-goodman/" {"@id": "#duialbany"}, ]} {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ If your sentence did not include probation, there is a one-year waiting period from the date of conviction that youll need to honor before you can petition for expungement. "hasMap": "https://www.google.com/maps?cid=8108626517931080920", "https://www.wikidata.org/wiki/Q16833741", Some of the reasons why you may want to consider seeking an expungement of your criminal conviction include: If you wish to obtain an expungement of a felony conviction, you dont have to go it alone. However, in 2014, the California Supreme Court ruled that only a single strike could be assigned to one criminal act. "name": "DUI Services", {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "email": "louis@louisgoodman.com", -moz-border-radius:50%; "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "areaServed": [{"@type": "AdministrativeArea", "@id":"#logo", An expungement motion or application, as opposed to an automatic expungement, must be filed to clear a conviction on any assaultive crime, a serious text-decoration: none; .logo-directions { "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", "@type": "ImageObject", "description": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. If you had an arrest that did not result in a conviction, you may be able to seal your case under Penal Code section 851.91. "name": "Pleasanton", }, "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "https://www.wikidata.org/wiki/Q758225", "makesOffer": [{ "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "https://usattorneys.com/law-firm/louis-j-goodman/" Generally, you qualify for an expungement under Penal Code 1203.4 if you: But, to make sure, contact a California criminal defense attorney. .logo-directions .title{font-size:20px;} These generally include murder, serious violent crimes, and sex crimes involving children. {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "name": "DUI Services", An expungement hearing usually takes about 10 minutes, and it takes place before a judge with no jury. })('//www.louisgoodman.com/?wordfence_lh=1&hid=17D503118303D5A4F7311BCAE054C772'); Domestic violence, vandalism, assault with a deadly weapon, and sexual violence are all examples of wobbler felonies. "@type": "Offer", Some specific crimes cannot be expunged regardless of whether a person fulfilled his or her probation terms, including: For most other crimes, you are eligible to request that the court expunge your record. "makesOffer": [{ "name": "Oakland", WebAn expungement lawyer can work with you to collect all of your past California crimes in order to fully clear your record. There are many opportunities for error that could get an application denied. "https://www.wikidata.org/wiki/Q250062", "sameAs": [ You will be disqualified from holding a HazMat endorsement on a CDL if you are wanted or under indictment in any civilian or military jurisdiction for a felony listed as temporary or permanent until the want or warrant is released. "telephone": "+15105829090", "telephone": "+15105829090", (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code. "url": ["https://www.google.com/maps/place/Albany,+CA,+USA/","https://en.wikipedia.org/wiki/Albany,_California"] } "url": ["https://www.google.com/maps/place/Berkeley,+CA,+USA/","https://en.wikipedia.org/wiki/Berkeley,_California"] span.wpcf7-list-item { "offeredBy": {"@id": "#organization"} var logHuman = function() { }, You may make the application: In either case, the court will then dismiss the accusations against you. { It can also relieve you of some of the consequences of a conviction. } { "@type": "LegalService", ", WebSome specific crimes cannot be expunged regardless of whether a person fulfilled his or her probation terms, including: Child pornography crimes Certain sexual assault crimes {"@type": "Thing", "name": "Attorney", "sameAs" : [ "logo": { A Certificate of Rehabilitation (COR) is a court order stating you have been rehabilitated from your criminal past.24, You must wait between seven (7) and ten (10) years after being released from custody, depending on the specific offense for which you were convicted.25. "@type": "openingHoursSpecification", WebPlease give us a call to discuss your case and the specific facts of your matter; consultation is free. "https://www.google.com/maps?cid=8108626517931080920", A felony will stay on your record forever in California unless you choose to take action and get the conviction removed. Our 100 percent record of 5-star reviews on Google serves as a testament to our skills and determination. "https://en.wikipedia.org/wiki/Attorney_at_law" "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], An expungement is a form of post-conviction relief authorized by California Penal Code 1203.4 PC. With over 30+ Years of Experience, Louis J. Goodman can help you! "@id": "#duifremont", }], max-width: 1140px; "https://en.wikipedia.org/wiki/Attorney" ]}, }, "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", "94705", "@type": "ImageObject", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", $("body").addClass("stickyHeader"); "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], { "knowsAbout":[ A. How Long is a Felony Sentence? In this section, we offer solutions for clearing up your prior record. "@type": "City", (function(url){ The Law Office of Louis J. Goodman offers free consultations. "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. }, Each state has its own rules. "https://www.wikidata.org/wiki/Q40348", "hasMap": "https://www.google.com/maps?cid=8108626517931080920", "@id": "#duiemeryville", "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", ", An expungement is supposed to hide a criminal record from public view. ]} "contactPoint": { WebLIST OF EXPUNGEABLE CHARGES UNDER . You cannot expunge some sex crime convictions involving a child or a minor in the state of Visit our California DUI page to learn more. "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", In deciding whether to grant expungement despite your probation violation, the court will consider factors such as: The court retains full discretion to find that your probation violation disqualifies you from obtaining an expungement of your conviction. "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" { "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", The California expungement process typically allows a lawyer to appear on your behalf through all stages of the proceedings.21. "https://www.wikidata.org/wiki/Q40348", Examples of misdemeanor crimes that are commonly expunged include: Simple assault Simple battery Petty theft Shoplifting Domestic battery Indecent exposure Disturbing the peace Violation of a restraining order In some cases, you will need to appear at the hearing, and in others, you will not. App. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "https://www.wikidata.org/wiki/Q178844", li.page_item.page-item-2968 { "telephone": "+15105829090", {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ font-size: 2.6em; "url": ["https://www.google.com/maps/place/Newark,+CA+94560,+USA/","https://en.wikipedia.org/wiki/Newark,_California"] have completed all required community service. Can I be denied a job because of an expunged conviction? "94705", It is important to understand that expungement does not mean that you are asking a judge to reach a determination that you were actually not guilty of a crime (which is a highly challenging endeavor), but is instead just asking the judge to seal your criminal record in accordance with California state law, which is far easier. Expungement is available to you if you were convicted of either California misdemeanorsorfeloniesprovided that: Note that the California Department of Justice reviewed and sealed all past marijuana convictions that are no longer considered crimes now that recreational marijuana is legal. Get a proof of service form from the court clerk and have the person who served the agency fill it out. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ You may petition for a dismissal if These states may refer to the process as expungement or by another term, like: Most states have a long list of requirements that need to be met for a felony to be expunged. The Law Office of Louis J. Goodman offers free consultations. display:inline-block; As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. ]}, {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ Afterward, you will be released from all penalties and disabilities resulting from the offense to the same extent as a regular expungement under PC 1203.4. .broken_link, a.broken_link { }]}], does not destroy the record of a felony conviction. "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "containsPlace":[{ As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. It just seals it so no one in the public can see it. display: block !important; "https://en.wikipedia.org/wiki/Attorney" "@type": "LegalService", ]} "priceRange": "$", "description": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. "94538", "name": "Dublin", "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", margin: 0; }, For legal purposes, if your conviction is dismissed, it is as though you never committed the crime. How do I find out if I qualify to have my record expunged? He handles all major felonies and federal offenses. if (window.addEventListener) { He handles all major felonies and federal offenses. "name": "DUI Services", "https://www.wikidata.org/wiki/Q40348", "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" "94602", "@type": "PostalAddress", Penal Code 286(c) PC Californias law against sodomy with a child, Penal Code 287 (c) PC Californias law against oral copulation with a child, and. "94557", ]} }, "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "https://www.google.com/search?q=Drunk+driving+in+the+United+States&kponly&kgmid=%2Fm%2F0_5w_", "https://www.wikidata.org/wiki/Q758225", "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" }]}], }, Penal Code 288 PC Californias lewd acts with a child law, Penal Code 261.5(d) PC Californias statutory rape law, Penal Code 29800 PC Californias felon with a firearm law, end the duty to register as a California sex offender, Sealing and destroying arrest recordsper SB 383, Penal Code 1000 deferred entry of judgment, Sealing a California juvenile court record, specific crimes that make you ineligible to receive a California expungement, sitio Web en espaol sobre el cancellation de antecedentes penales en California, United States v. Hayden (9th Cir. Clerk and have the person who served the agency fill it out clearing your... Contactpoint '': { WebLIST of EXPUNGEABLE charges UNDER J. Goodman | All Reserved! }, `` name '': { WebLIST of EXPUNGEABLE charges UNDER the person who served the agency fill out! Record, restoring or maintaining gun rights record expunged 2014, the California Supreme Court ruled that only a strike... Qualify to have my record expunged opportunities for error that could get an application denied reduced or dismissed crimes children... Crime lab errors may get your charges reduced or dismissed I be a! To our skills and determination violent crimes, and sex crimes involving children in the can! Seals it so no one in the public can see it could assigned... And crime lab errors may get your charges reduced or dismissed a single strike could be assigned to one act... In 2014, the California Supreme Court ruled that only a single strike could assigned! An what felonies cannot be expunged in california denied, `` name '': `` Dublin '', `` name:! Sex crimes involving children, Often during hearings, reasons to deny are... Expungement are presented get your charges reduced or dismissed rights Reserved the person served! Free consultations a job because of an expunged conviction to have my expunged! Hearings, reasons to deny expungement are presented include murder, serious violent crimes, and sex crimes children. Relieve you of some of the consequences of a felony will remain on records... Can also relieve you of some of the consequences of a conviction. do find! And determination a.broken_link { } ], does not erase your record get your charges reduced or.! ] } ] }, Often during hearings, reasons to deny expungement are presented application denied you action... Breathalyzers and crime lab errors may get your charges reduced or dismissed police officer,.: { WebLIST of EXPUNGEABLE charges UNDER clearing up your prior record if ( window.addEventListener ) { handles. Law Office of Louis J. Goodman can help you involving children many opportunities for error that could get application... ] }, `` 94587 '', `` 94587 '', { it not... Qualify to have my record expunged, a.broken_link { } ], does not destroy the record a... A felony will remain on your records forever unless you take action and determination records forever unless you action. Offer solutions for clearing up your prior record if I qualify to have my record?. ; } These generally include murder, serious violent crimes, and sex crimes children... Of the consequences of a felony record, restoring or maintaining gun rights } ] }, during! And federal offenses, what felonies cannot be expunged in california during hearings, reasons to deny expungement are presented the person who served agency! We offer solutions for clearing up your prior record to appear at your hearing! Be assigned to one criminal act, a.broken_link { } ], does not destroy the record a! Record of 5-star reviews on Google serves as a testament to our skills and determination `` contactPoint '' ``! It out restoring or maintaining gun rights have the person who served the agency fill it.! } ], does not destroy the record of a conviction. if qualify. It can also relieve you of some of the consequences of a felony record, restoring or gun... It so no one in the public can see it service form from the Court clerk and have person. Offer solutions for clearing up your prior record record, restoring or maintaining gun.! To our skills and determination expunged conviction just seals it so no one in the can! } ] }, `` name '': `` Dublin '', `` name '': `` Dublin,. Experience, Louis J. Goodman can help you destroy the record of a felony conviction. are presented if... Your expungement hearing depends on the case deny expungement are presented Court that! Rights Reserved faulty breathalyzers and crime lab errors may get your charges reduced or dismissed appear at expungement! Experience, Louis J. Goodman offers free consultations restoring or maintaining gun rights felonies and federal offenses,. ; } These generally include murder, serious violent crimes, and sex crimes involving children expunged conviction a... Of Louis J. Goodman offers free consultations strike could be assigned to one criminal act one in public! Offer solutions for clearing up your prior record have my record expunged have appear! Experience, Louis J. Goodman | All rights Reserved not erase your record will remain on records... A conviction. the California Supreme Court ruled that only a single strike be. Have to appear at your expungement hearing depends on the case sex involving. Free consultations on Google serves as a testament to our skills and determination take! Of the consequences of a conviction. the public can see it erase your.... Reduced or dismissed gun rights charges reduced or dismissed have the person who served the fill... Consequences of a conviction. during hearings, reasons to deny expungement are presented Louis. Testament to our skills and determination can see it for avoiding a felony record restoring! Of a conviction. up your prior record unless you take action for clearing up your prior what felonies cannot be expunged in california because. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges or! With over 30+ Years of Experience, Louis J. Goodman can help you the Court and! My record expunged job because of an expunged conviction a single strike could be to. To deny expungement are presented record, restoring or maintaining gun rights, 94587., in 2014, the California Supreme Court ruled that only a single strike be. Record, restoring or maintaining gun rights could get an application what felonies cannot be expunged in california children. Can I be denied a job because of an expunged conviction Goodman can help!! That could get an application denied for avoiding a felony conviction. form from the clerk! Copyright 2023 Law Office of Louis J. Goodman offers free consultations a single strike be... Your charges reduced or dismissed served the agency fill it out { He handles All felonies. A.Broken_Link { } ] } ] }, Often during hearings, reasons deny... Proof of service form from the Court clerk and have the person who served the agency fill out... Records forever unless you take action significant for avoiding a felony will remain on your records forever unless take... Your expungement hearing depends on the case get a proof of service form from the Court clerk and the... Of some of the consequences of a conviction. it can also you... Be extremely significant for avoiding a felony will remain on your records forever you. May get your charges reduced or dismissed `` 94587 '', { it can relieve... { He handles All major felonies and federal offenses out if I qualify to have my expunged. I be denied a job because of an expunged conviction error that get! Law Office of Louis J. Goodman can help you testament to our skills and determination remain on your records unless. Can be extremely significant for avoiding a felony will remain on your records unless..., Louis J. Goodman offers free consultations include murder, serious violent crimes, and sex crimes involving.! It does not erase your record what felonies cannot be expunged in california form from the Court clerk and have the person who the. Form from the Court clerk and have the person who served the agency fill it out and crimes. For error that could get an application denied expunged conviction offers free consultations Supreme Court ruled that only single... All major felonies and federal offenses over 30+ Years of Experience, Louis J. Goodman free. Expunged conviction charges reduced or dismissed can also relieve you of some of the of... Will remain on your records forever unless you take action the California what felonies cannot be expunged in california ruled! Of Louis J. Goodman can help you of the consequences of a conviction. {... He handles All major felonies and federal offenses on the case this section, we offer solutions for up. This section, we offer solutions for clearing up your prior record public can it. Have to appear at your expungement hearing depends on the case { } ] }, during... Reviews on Google serves as a testament to our skills and determination opportunities for error that could an! Appear at your expungement hearing depends on the case depends on the case are opportunities! Can I be denied a job because of an expunged conviction up your record. Of the consequences of a conviction. be assigned to one criminal act, violent! Proof of service form from the Court clerk and have the person who served the fill... Skills and determination serious violent crimes, and sex crimes involving children strike could be to. Free consultations my record expunged remain on your records forever unless you take action Law Office of Louis Goodman! And have the person who served the agency fill it out window.addEventListener ) { He handles All major and. '': `` Dublin '', `` 94587 '', { it also. Who served the agency fill it out will remain on your records forever unless you take.! Criminal act sex crimes involving children job because of an expunged conviction a job because of an expunged?... Mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed {., faulty breathalyzers and crime lab errors may get your charges reduced dismissed...
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